Columbus--A new state law offers LGBT people
another way to ensure the security of their relationships.

The Next of Kin Registry, which took effect September 8,
allows anyone with an Ohio driver’s license or identification
card to list two people to be contacted in case
of an accident or emergency.

The database, which by law is not a public record,
can only be accessed by authorized Bureau of Motor
Vehicles employees and law enforcement officials.

Members of same-sex couples may list their partners
as their primary next-of-kin contact in case of
emergency, although minors must have at least one
of the two contacts be a parent or legal guardian.

“The next-of-kin registry prevents disconnected
family members from overriding the wishes of the
individual, which we know happens all too often,”
said Mika Major, director of programs for the Cleveland
LGBT Center. “This is a key step to recognition
of the validity of LGBT relationships.

While the registry would not grant decision-making
power in the case of a conflict between an accident
victim’s same-sex partner and biological family,
it could ensure that the partner is the one who
gets notified after the accident.

“Should someone not have the proper paperwork in
place, this serves as a back-up to still have an
individual’s wishes carried out,” Major noted.

The database was created by House Bill 392, passed
in the spring. While its benefits to same-sex couples
are significant, they are also mostly accidental.
Of the 22 representatives who sponsored the legislation,
only four are Democrats, although some of the Republicans
who put their names on the bill are from gay-friendly
areas of the state or have supported other pro-gay
legislation.

The registry is accessible through the bureau’s
website at http://bmv.ohio.gov, or forms
can be filled out and mailed in. Changes can be
made at any time.

A menu on the bureau’s web site for “Relationship”
includes “Partner” as an option.

However, Major points out, the registry does not
guarantee that a same-sex partner will have the
final say in care and disposition of there is a
conflict with the biological family.

A power of attorney, drafted by a lawyer, would
be required to back up the rights of the partner.
Powers of attorney can be recorded with the county
recorder, in which case they become public documents.
Or, they can simply be carried in case of emergency
or kept safe to prove to a hospital, for instance,
that the partner has the right to make decisions.

The LGBT statewide group Equality Ohio is recommending
that couples that have powers of attorney note this
when signing up for the next-of-kin registry, by
adding the letters POA to their names.

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